Four-Month Notice to End Tenancy in British Columbia: Your Rights

A Four-Month Notice to end tenancy can feel like the floor has dropped out. It usually means the landlord says the building will be demolished, converted or renovated, and that you will need to leave.

The notice is not the end of the story. A landlord can end a tenancy only on grounds the law allows and must serve the correct form. This article explains when a Four-Month Notice is valid, what permits matter, what you are owed and how to respond.

This article covers the law of British Columbia.

What a Four-Month Notice is used for

In British Columbia, the Residential Tenancy Act lists the grounds on which a landlord can end a tenancy, including demolition, renovation or conversion. A Four-Month Notice is tied to those grounds. A landlord cannot end a tenancy just because they want to sell.

The notice must be served in person, by mail, by email, or by attaching it to the door of your home address. Text messages are not allowed.

Demolition and conversion

For demolition or conversion, the landlord gives a Four-Month Notice (RTB Form 29) and must have all necessary permits and approvals required by law. This covers demolishing the unit, converting the property to strata lots or cooperative housing, or changing a unit to non-residential use.

If you get a notice like this, it is reasonable to ask what permits the landlord holds. A landlord who cannot show the required approvals may have difficulty defending the notice at a hearing, though the outcome depends on the facts.

Caretaker conversions work a little differently: they use a Four-Month Notice (RTB-29C), one month's rent as compensation, and a 30-day dispute period.

Major renovations and repairs: an order comes first

Renovations are treated more strictly. The landlord must apply to the Residential Tenancy Branch for an Order of Possession, and a Four-Month Notice alone is not enough. An arbitrator decides whether the work is major enough.

The landlord must intend in good faith to renovate and show that ending the tenancy is the only reasonable way to get the vacancy needed. They must also obtain all necessary permits from local governments.

Under section 49.2 of the Act, the director may order a tenancy ended only if all of the following are true:

• the work requires the unit to be vacant
• the work is necessary to prolong or sustain the unit or building
• the required permits are in place
• the work can only be done by ending the tenancy

The order's effective date must be at least 4 months after it is made.

Compensation and the right to return

For renovations, the landlord must also pay 12 times the monthly rent unless the work is completed within a reasonable time after the effective date. The director may excuse this in extenuating circumstances.

If the building has 5 or more rental units and your tenancy was ended under a section 49.2 order, you may enter a new tenancy agreement after the work, but you must give notice before vacating. The Province says you use form RTB-28 and the landlord gives a 45 Day Notice of Availability (RTB-35). The landlord must give notice of the availability date and a tenancy agreement at least 45 days before the work is completed. If they do not, they must pay 12 times the monthly rent under your previous tenancy agreement, unless the director excuses it.

Disputing the notice and what to do next

The dispute deadline for a four-month notice is 30 days after you receive it. Missing the deadline means you are legally considered to have accepted the notice and agreed to move out. The director may extend a time limit only in exceptional circumstances, and cannot extend the time to dispute beyond the notice's effective date.

To dispute, you apply for dispute resolution and pay the filing fee, prepare and serve your evidence, and attend the hearing. Once you apply on time, the notice is on hold. At the hearing an arbitrator hears both sides and the decision binds both parties. If you do not dispute or you lose, the landlord can obtain an Order of Possession, but it alone does not let them change the locks or remove your belongings.

• Note the date you received the notice and count 30 days right away.
• Confirm the notice is on the correct form and was served by an allowed method.
• Ask in writing what permits or approvals the landlord holds.
• Keep copies of the notice, your lease and any messages.
• Speak with a lawyer or the Residential Tenancy Branch if the facts are unclear.

Frequently asked questions